Baltimore, MD asked in Divorce and Family Law for Maryland

Q: I live in maryland. My wife and I own a house equally. She’s pregnant with another man’s child, she wants a divorce.

I live in the state of maryland. My life went from perfect to miserable within months.

At the beginning of the year I was happily married with 2 beautiful kids in a new home equally owned between my wife and I. Fast forward to today my wife has moved in her boyfriend, she’s now pregnant with his kid and wants a divorce along with the house . If this doesn’t scream adultery I’m not sure what dose . I’m still heart broken but how can I keep the house and come out of this situation without loosing everything we have worked for in our 9 years together? I’m desperate for answers as to what I can do .

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1 Lawyer Answer
Mark Oakley
Mark Oakley
  • Rockville, MD
  • Licensed in Maryland

A: Asking questions is smart, but you will not get the answers you need this way. You need to retain an experienced divorce lawyer. Property division, child custody, child support, alimony and divorce in your situation will require a comprehensive sit-down and discussion, and the various options and strategies explored and selected in order to guide you through this mess. Ideally, you work out a written separation agreement resolving your marital and child custody/visitation issues, or at least immediately resolve the untenable living situation. Both of you have equal claim to the house, so that is not an easy resolution when both spouses want it and there are minor children at home. The courts are loath to force the sale of a home when minor children are present, and it is more likely that the parent awarded primary custody will also be awarded use and possession of the marital home for up to 3 years (the legal limit) to maintain stability for the kids before forcing any sale of the property and division of net proceeds. One of you could refinance and buy out the other as well. Litigating a divorce can get very expensive when the issues are contested, especially with neither side willing to compromise on issues like the house and custody. Such disputes can financially drain and ruin the whole family. As difficult as it is with high emotions and recriminations, the ideal solution will be one where both parties can put aside their emotions sufficiently to look at the situation from the perspective of the best solution financially and emotionally for the whole family--the children especially. That's not easy, and it requires both parents to act reasonably. But you do not do this without an experienced lawyer.

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